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MENDLER v. WINTERLAND PRODUCTION, LTD.

No. 98-16061.

207 F.3d 1119 (2000)

Jeffrey Hunter MENDLER, dba Jeffrey Hunter, Plaintiff-Appellant, v. WINTERLAND PRODUCTION, LTD., a California Corporation; San Diego Yacht Club, a California Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Berchenko, Berchenko & Korn, San Francisco, California, argued the cause for plaintiff-appellant Jeffrey Hunter Mendler. With him on the briefs was Alan Korn.

David M. Given, Phillips & Erlewine, San Francisco, California, argued the cause for defendants-appellees Winterland Concessions Co. and San Diego Yacht Club. With him on the briefs was David C. Phillips.

Before: WOOD, JR., KOZINSKI and RYMER, Circuit Judges.

Opinion by Judge KOZINSKI; Dissent by Judge RYMER.

KOZINSKI, Circuit Judge:

In this case of contract interpretation we must answer the following riddle: When is a photograph no longer a photograph?

I

Jeffrey Mendler is a professional photographer. In August 1991 he signed a licensing agreement with Winterland, a manufacturer of screen-printed apparel. Pursuant to the agreement, Mendler provided Winterland with numerous slides of photographs...

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